Airworthiness Directives; SOCATA Model TBM 700 Airplanes, 29126-29128 [E9-14220]

Download as PDF 29126 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations applicable; to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact BAE Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 20171; telephone 703–736–1080; email raebusiness@baesystems.com; Internet https://www.baesystems.com/Businesses/ RegionalAircraft/index.htm. (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on June 2, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–13567 Filed 6–18–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION to the pin can be jammed when it is pulled by a pilot or a passenger. This condition, if not corrected, would lead, in case of an emergency procedure due to decompression to a risk of generator fault with subsequent lack of oxygen on crew and/ or passenger. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective July 9, 2009. On July 9, 2009, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by July 20, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Federal Aviation Administration Examining the AD Docket 14 CFR Part 39 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4119; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: [Docket No. FAA–2009–0557; Directorate Identifier 2009–CE–031–AD; Amendment 39–15944; AD 2009–13–05] RIN 2120–AA64 Airworthiness Directives; SOCATA Model TBM 700 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: cprice-sewell on PRODPC61 with RULES SUMMARY: During a SOCATA flight test, it has been noted some difficulties for the pilot to release oxygen. After investigation it has been found that, due to the design of the oxygen generator release pin, one of the mask’s lanyard linked VerDate Nov<24>2008 14:33 Jun 18, 2009 Jkt 217001 Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2009–0096–E, dated April 21, 2009, (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 During a SOCATA flight test, it has been noted some difficulties for the pilot to release oxygen. After investigation it has been found that, due to the design of the oxygen generator release pin, one of the mask’s lanyard linked to the pin can be jammed when it is pulled by a pilot or a passenger. This condition, if not corrected, would lead, in case of an emergency procedure due to decompression to a risk of generator fault with subsequent lack of oxygen on crew and/ or passenger. For the reason described above, SOCATA has released Pilot Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in case of failure to release oxygen, to pull on the other mask lanyard in order to activate the oxygen generator. A SOCATA modification enabling to solve this issue is under preparation. Once this modification release, this AD is expected to be revised to confirm the acceptability of that modification. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information SOCATA has issued SOCATA TBM 700 A & B Pilot Operating Handbook (POH), Temporary Revision No. 3, dated March 2009. The actions described in page 3.13.5 of this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a E:\FR\FM\19JNR1.SGM 19JNR1 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA’s Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because if not corrected, in an emergency procedure due to decompression, this condition could lead to a risk of generator fault with subsequent lack of oxygen for crew and/ or passenger. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. cprice-sewell on PRODPC61 with RULES Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0557; Directorate Identifier 2009–CE–031– AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation VerDate Nov<24>2008 14:33 Jun 18, 2009 Jkt 217001 is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–13–05 Socata: Amendment 39–15944; Docket No. FAA–2009–0557; Directorate Identifier 2009–CE–031–AD. Effective Date (a) This airworthiness directive (AD) becomes effective July 9, 2009. Affected ADs (b) None. Applicability (c) This AD applies to the following model and serial number airplanes that are: (i) certificated in any category; and (ii) equipped with a chemical oxygen generation system. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 29127 Model Serial Nos. TBM 700 1 through 204, 206 through 239, and 241 through 244. Subject (d) Air Transport Association of America (ATA) Code 35: Oxygen. Reason (e) The mandatory continuing airworthiness information (MCAI) states: During a SOCATA flight test, it has been noted some difficulties for the pilot to release oxygen. After investigation it has been found that, due to the design of the oxygen generator release pin, one of the mask’s lanyards linked to the pin can be jammed when it is pulled by a pilot or a passenger. This condition, if not corrected, would lead, in case of an emergency procedure due to decompression to a risk of generator fault with subsequent lack of oxygen on crew and/ or passenger. For the reason described above, SOCATA has released Pilot Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in case of failure to release oxygen, to pull on the other mask lanyard in order to activate the oxygen generator. A SOCATA modification enabling to solve this issue is under preparation. Once this modification is released, this AD is expected to be revised to confirm the acceptability of that modification. Actions and Compliance (f) Unless already done, do the following actions. (1) Before further flight after July 9, 2009 (the effective date of this AD), insert Page 3.13.5 of Temporary Revision No. 3, dated March 2009, into the Emergency Procedures section and the Limitations sections of SOCATA TBM 700 A & B Pilot Operating Handbook (POH). (2) Under 14 CFR 43.7 of the Federal Aviation Administration Regulations (14 CFR 43.7), the owner/operator holding at least a private pilot certificate is allowed to insert the temporary revision into the POH. Make an entry into the aircraft logbook showing compliance with this portion of the AD per compliance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: None. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4119; fax: (816) 329– 4090. Before using any approved AMOC on any airplane to which the AMOC applies, E:\FR\FM\19JNR1.SGM 19JNR1 29128 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) Emergency AD No. 2009–0096–E, dated April 21, 2009, and SOCATA TBM 700 A & B Pilot Operating Handbook (POH), Temporary Revision No. 3, dated March 2009, for related information. Material Incorporated by Reference cprice-sewell on PRODPC61 with RULES (i) You must use page 3.13.5 of Temporary Revision No. 3, dated March 2009, of SOCATA TBM 700 A & B Pilot Operating Handbook (POH), to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact SOCATA, 65921—TARBES Cedex 9, France; telephone: +33 6 07 32 62 24; or SOCATA, North Perry Airport, 7501 South Airport Rd., Pembrokes Pines, FL 33023; telephone: (954) 893–1400; fax: (954) 964–4141; Internet: https://mysocata.com. (3) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329–3768. (4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Kansas City, Missouri on June 10, 2009. Scott A. Horn, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–14220 Filed 6–18–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 14:33 Jun 18, 2009 Jkt 217001 DEPARTMENT OF JUSTICE Office of the Attorney General 28 CFR Part 0 [Docket No. OAG 128; A.G. Order No. 3085– 2009] Organization; Office of Information Policy Department of Justice. Final rule. AGENCY: ACTION: This rule updates the regulation that describes the structure, functions, and responsibilities of the Office of Information Policy of the Department of Justice. The rule updates the description of the Office to reflect certain changes to its structure and organizational location. DATES: Effective Date: June 19, 2009. FOR FURTHER INFORMATION CONTACT: Janice Galli McLeod, Associate Director, Office of Information Policy, U.S. Department of Justice, Washington, DC 20530, (202) 514–3642. SUPPLEMENTARY INFORMATION: This rule revises the Department’s description of the Office of Information Policy to reflect the Office’s establishment as a separate component within the Department of Justice. References to the advice and training formerly provided by the Office of Information Policy on Privacy Act matters have been deleted in light of the performance of those tasks by the recently created Office of Privacy and Civil Liberties. SUMMARY: Administrative Procedure Act This rule relates to a matter of agency management or personnel and therefore is exempt from the usual requirements of prior notice and comment and a 30day delay in effective date. See 5 U.S.C. 553(a)(2). Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. A Regulatory Flexibility Analysis was not required to be prepared for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), ‘‘Principles of Regulation.’’ This rule is limited to agency organization, management, and personnel as described by Executive Order 12866 section 3(d)(3) and, therefore, is not a ‘‘regulation’’ or ‘‘rule’’ as defined by that Executive Order. Accordingly, this rule has not been reviewed by the Office of Management and Budget. Executive Order 13132 This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, ‘‘Federalism,’’ the Department of Justice has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Executive Order 12988 This rule meets the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988, ‘‘Civil Justice Reform.’’ Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a ‘‘rule’’ for purposes of the reporting requirement of 5 U.S.C. 801. E:\FR\FM\19JNR1.SGM 19JNR1

Agencies

[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Rules and Regulations]
[Pages 29126-29128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14220]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0557; Directorate Identifier 2009-CE-031-AD; 
Amendment 39-15944; AD 2009-13-05]
RIN 2120-AA64


Airworthiness Directives; SOCATA Model TBM 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyard linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective July 9, 2009.
    On July 9, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by July 20, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4119; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued 
Emergency AD No. 2009-0096-E, dated April 21, 2009, (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyard linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger.
    For the reason described above, SOCATA has released Pilot 
Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in 
case of failure to release oxygen, to pull on the other mask lanyard 
in order to activate the oxygen generator.
    A SOCATA modification enabling to solve this issue is under 
preparation. Once this modification release, this AD is expected to 
be revised to confirm the acceptability of that modification.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    SOCATA has issued SOCATA TBM 700 A & B Pilot Operating Handbook 
(POH), Temporary Revision No. 3, dated March 2009. The actions 
described in page 3.13.5 of this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a

[[Page 29127]]

separate paragraph of the AD. These requirements take precedence over 
those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because if 
not corrected, in an emergency procedure due to decompression, this 
condition could lead to a risk of generator fault with subsequent lack 
of oxygen for crew and/or passenger. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0557; Directorate 
Identifier 2009-CE-031-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-13-05 Socata: Amendment 39-15944; Docket No. FAA-2009-0557; 
Directorate Identifier 2009-CE-031-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 9, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following model and serial number 
airplanes that are:
    (i) certificated in any category; and
    (ii) equipped with a chemical oxygen generation system.

------------------------------------------------------------------------
             Model                             Serial Nos.
------------------------------------------------------------------------
TBM 700........................  1 through 204, 206 through 239, and 241
                                  through 244.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 35: Oxygen.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During a SOCATA flight test, it has been noted some difficulties 
for the pilot to release oxygen.
    After investigation it has been found that, due to the design of 
the oxygen generator release pin, one of the mask's lanyards linked 
to the pin can be jammed when it is pulled by a pilot or a 
passenger.
    This condition, if not corrected, would lead, in case of an 
emergency procedure due to decompression to a risk of generator 
fault with subsequent lack of oxygen on crew and/or passenger.
    For the reason described above, SOCATA has released Pilot 
Operating Handbook (POH) Temporary Revision (TR) 03 which asks, in 
case of failure to release oxygen, to pull on the other mask lanyard 
in order to activate the oxygen generator.
    A SOCATA modification enabling to solve this issue is under 
preparation. Once this modification is released, this AD is expected 
to be revised to confirm the acceptability of that modification.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before further flight after July 9, 2009 (the effective date 
of this AD), insert Page 3.13.5 of Temporary Revision No. 3, dated 
March 2009, into the Emergency Procedures section and the 
Limitations sections of SOCATA TBM 700 A & B Pilot Operating 
Handbook (POH).
    (2) Under 14 CFR 43.7 of the Federal Aviation Administration 
Regulations (14 CFR 43.7), the owner/operator holding at least a 
private pilot certificate is allowed to insert the temporary 
revision into the POH. Make an entry into the aircraft logbook 
showing compliance with this portion of the AD per compliance with 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: None.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4119; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies,

[[Page 29128]]

notify your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Emergency AD No. 2009-0096-E, dated April 21, 2009, and SOCATA TBM 
700 A & B Pilot Operating Handbook (POH), Temporary Revision No. 3, 
dated March 2009, for related information.

Material Incorporated by Reference

    (i) You must use page 3.13.5 of Temporary Revision No. 3, dated 
March 2009, of SOCATA TBM 700 A & B Pilot Operating Handbook (POH), 
to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
SOCATA, 65921--TARBES Cedex 9, France; telephone: +33 6 07 32 62 24; 
or SOCATA, North Perry Airport, 7501 South Airport Rd., Pembrokes 
Pines, FL 33023; telephone: (954) 893-1400; fax: (954) 964-4141; 
Internet: https://mysocata.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri on June 10, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14220 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-13-P
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